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Means Test Corrections

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    Means Test Corrections

    I just reviewed, my petition off PACER last night and found significant errors on my submitted test. (No wonder the trustee is challenging)

    Everything from wrong income reported to almost no acceptable deductions entered other than the IRS basic allowances. My mean shows a DMI of $35.00 however, my schedules show a negative DMI of $735.00. The schedules are accurate but not the means test.

    Can I have my attorneys submit a new, corrected version and should this not be done BEFORE or at the 341 coming up on Tuesday. I have a problem swearing under oath that all my paperwork is correct. Can it be amended after the 341 or is this a no no?

    Still no response from the attorneys office. They did not have a copy of the means for review before they submitted the file so I just took their word that everything was ok.

    ST
    Filed 7 - 7/8/10, 341 - 8/17/10 - Continued, Presumption of Abuse Filed - 8/27/10
    Report of No Distribution 9/27/10. Discharged 2/7/11 Closed 02/25/1
    10/12 EXP. 681

    #2
    What is missing from the means test?

    The means test is NOT your actual expenses, except in a few categories. Like if your actual mortgage is higher than the IRS standard, your actual goes in. But in most areas - the stated figures are given. Schedule J is where your actual #s go.

    Is your income correct on schedule I? And what about it is wrong on the means test? It should have your gross income, from what you received over the past 6 months.
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

    Comment


      #3
      H SMinGA,

      I am having an Ah Hah moment here!

      Now I remember what happened. We spent two hours meticulously going over our schedules in the office prior to filing. I found all kinds of errors and had them make corrections. The schedules are solid and very accurate as submitted; however, now I remember after we corrected the schedules we never went back and corrected the means test before we submitted the file.

      Now they don't match at all. Different gross total income, no allowance for our total mortgage payment, no mortgage taxes taken out, no life insurance deduction, no second car allowance etc.....

      I am now starting to see why this is red flagging the US Trustee into the case. Could this be a simple mistake and an amendment cure the inaccuracies?

      ST
      Filed 7 - 7/8/10, 341 - 8/17/10 - Continued, Presumption of Abuse Filed - 8/27/10
      Report of No Distribution 9/27/10. Discharged 2/7/11 Closed 02/25/1
      10/12 EXP. 681

      Comment


        #4
        Sounds like it...

        I asked about the discrepancies because I wasn't sure if perhaps you thought ALL your actual expenses go on the Means Test, when its actually just the ones you highlighted. They might not have even looked at your schedule J for requesting the review. Should probably drop your atty an email, saying you realize that even though J was corrected and filed, the means test was filed with wrong info and needs to be amended.
        Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
        (In the 'planning' stage, to file ch. 13 if/when we have to.)

        Comment

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